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of the people,-the Legislature, the Provincial Convention and the Council of Safety, each vested in many respects, with co-ordinate powers and each moving in its special orbit, without any attrition or interference with or from the others.

The Convention, however, seems to have relinquished all control over public affairs; the Legislature met as usual and gave attention to the performance of its duties. The old adage "Inter arma, leges silent" cannot be applied to that body. During almost the whole of the seven years that the war lasted, New Jersey was ravaged by the English armies; courts were obliged to intermit their sessions; many confusions and errors crept into the practice; the interests of suitors were neces sarily endangered and suits would have lapsed, had not the Legislature interfered and by its acts, remedied the evils. The Assembly, itself, was obliged to move its sessions from place to place and hold its meetings at different towns to prevent the destruction of its records and the capture of its members. Almost the first care of the Legislature, at its initial meeting, in 1776, was to prevent any injustice arising from the unsettled state of the courts, and so, by an act passed October 2d, 1776, it was enacted that the "several courts of Law and Equity existing in the State, prior to the Declaration of Independence should be confirmed and established and continued to be held with the like powers under the present government and at the same times and places as they were held before."

Of course, Legislation, while the war was in progress, was directed, a large part of it, at least, to military operations and such matters as were connected therewith, but the civil affairs of the State were not neglected, nor were local interests overlooked.

It is quite astonishing to notice how quietly and readily the people seem to have adjusted themselves, in their varied circumstances, to the changed conditions arising from the new order of affairs. They had broken loose from their king and had abjured his government; had embarked on a sea of new and untried relations; yet, there was no attrition, no tumult, no disorder. It was found necessary to change a few words in the framing of statutes, to vary the usual formula in the courts and in their proceedings, that was all. The people went about their ordinary business, contented and happy. They were intent on securing one condition of life, and that was, freedom from oppression, the right to govern themselves and to representation in the law-making Councils; that secured, they cheerfully endured the burdens of life, with its added sacrifice and suffering.

The Legislature passed many private and local acts during the existence of the war; such as giving power to erect bridges, to lay out roads, to establish ferries, to change the places and times of holding County Courts; it also granted divorces, gave relief to individuals under peculiar circumstances, and passed some public acts which affected all the people of the State. It was its policy to make as few changes as possible-only such as the change of government necessarily required. Whenever that demanded new statutes, they were passed. It early gave its attention to the subject of punishing those who fled from the State and gave support to the English government, by confiscating their estates. On the 5th of June, 1777, it passed an act with this title: "An act of free and general pardon, and for other purposes therein mentioned." By this statute all offenders who had been guilty of treasonable practices, were invited to return to their allegiance to the United States, and were allowed until August 1st, then next, to appear before a Justice or Judge of their own selection and take the oaths of abjuration and allegiance. When this was done, a certificate was given the repentant citizen which was recorded by the Clerk of the County and thereupon a free and unconditional pardon of all treasonable actions, with restoration of the estate of the criminal, was granted. Imme diately upon the publication of the act, the Commissioners from each County, appointed for the purpose of enforcing it, were required to take possession of all the personal estate of such as had incurred the penalties of treason, to inventory the same, and if any of it were perishable, or in danger of falling into the hands of the enemy, to sell that and retain the proceeds in their hands, with the other part of the personalty, if any, until the first of August, the time set by the law, by which date the oaths were required to be taken. If the offender returned by that time, took the oaths and was pardoned, then, the Commissioners were directed to return the money and goods to the owner, retaining his fees. On the 18th day of April, 1778, this act was amplified and more power was given the Commissioners. They had full authority to sell personal property and lease the realty; full provision for the payment of all debts due by the defendant was made, and the creditors were satisfied, so far as possible from the proceeds of the sale. No power of sale of the real estate was granted by this act, but the defect was remedied by one passed the 11th of December, 1778, which provided for the sale of land and for the giving of a deed. to the purchaser. The title to some of the land in New Jersey is based upon sales made by these Commissioners.

The principle of extradition of criminals from one State to another was acknowledged in a statute passed October 7, 1778. It applied to "Treason, Felony, or other high misdemeanors.

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On the 20th of November, 1778, the delegates in Congress were directed to subscribe and ratify the articles of Confederation between the States agreed to in General Congress, November 15, 1778. This act declared that "the terms of the said articles, sidered in divers respects unequal and disadvantageous to this State and the objections to several of the said articles lately stated and sent to the General Congress aforesaid, on the part of this State, are still viewed as just and reasonable and sundry of them are of the most essential moment to the welfare and happiness of the good people. thereof." These objections were entered at large in the minutes of the Assembly, June 15, 1778.

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On the 24th of May, 1780, a change was made in the law of the descent of real estate. The Legislature, in the preamble to the act making the change, declared that the law of descent as "it now stands, works injustice, by vesting the whole real estate of an ancestor in the Heir-at-law, if a male, to the exclusion of the issue or Descendants both male and female." Therefore, it was enacted that if any ancestor owning real estate should die intestate, "leaving two or more sons, such real estate shall descend to and be equally inherited by all the . as tenants in common; and, if such ancestor shall have issue both male and female, then, such real estate shall descend to and be inherited by such issue, male and female, in such proportion that each son shall inherit two shares thereof, each of which shares shall be equal to the share of the daughter." On the 19th of December, 1781, a Court of Admiralty was erected; its jurisdiction defined; its mode of procedure established; the number, duties and appointment of its officers directed, and the fees and costs of those offices settled. On the 23d of December, 1783, the Legislature tendered a gift, by act, to Major General Baron Steuben, of an estate for life in that part of the forfeited estate of John Zabriskie, situate at New Bridge, in the township of New Barbadoes, in the County of Bergen. The gift was coupled with the condition that the Baron should have, hold, occupy and enjoy the said estate in person and not by tenants. These are some of the statutes of a public nature passed by the Legislature of New Jersey from 1776 to 1783.

In a letter from Steuben dated November 13, 1785, addressed to

Governor Livingston, he states: That he had "become the purchaser of that part of the estate of John Zabrieskie lying at the New Bridge near Hackensack," and the time of payment having arrived, the money was ready for the agent whenever he should call for it. He then stated that before he took the deed for the place he desired the Governor to represent to the Legislature that the only lot of woodland belonging to the place was withheld by the agent at the sale on a doubt of its being "included in the law," because it was situated three quarters of a mile. from the house, and therefore the agent supposed it could not be lying at the New Bridge, The Baron claimed that it was annexed to the estate and indeed is the only part of it on which there is a stick of wood; and that was bequeathed to John Zabriskie by his father along with the house and mill. Then, wrote Steuben, if the Legislature meant to include it in the law, he must request that directions be given that the agent include it in the deed.

When it first assembled, on the 27th of August, 1776, the Legislature provided for the election of a Governor. There were two candidates presented for their suffrages-William Livingston and Richard Stockton; both lawyers, both in the prime of life and each competent to perform the duties of the office. Livingston was then at the head of the military, although not educated as a soldier. Stockton had been a delegate in Congress from New Jersey and had signed the Declaration of Independence. Both had rendered much service to the State and it was difficult for the members to select between the two. The vote was taken by secret ballot, the suffrages were equally divided and there was no election, but it was finally decided in favor of Livingston. The newly elected Governor came from excellent ancestry. His grand father, Robert Livingston, was a distinguished Scotch clergyman, who, when Charles II was restored to the English throne, fled to this country, first going to Holland. After his arrival here, he married into the Van Rensselaer family, bought land from the Indians and became possessed of a very large estate, known as the Livingston manor, the second largest manor in New York, a colony famous for extensive collections of land held by individuals. Philip, the father of the Governor, was the second son of Robert, but the eldest son dying without children, Philip succeeded to the estate. Following the example of his father, he married into a wealthy Dutch family, and William was the fifth child of this marriage. After matriculating at Yale, in 1741, at the head of his class, he was educated for the bar in the office of James

Alexander, a leading lawyer in the city of New York and one of the Counsel for the Complainants in the celebrated Elizabeth Town Bill in Chancery. After receiving his license, he practiced as an attorney in the City of New York. His great industry, ability, and knowledge soon secured him a large clientage and he took his place among the prominent men in his profession. He was opposed to his former preceptor, Mr. Alexander, in the Elizabeth Town cause, appearing for the defendants in that celebrated suit. In the quarrels between England and the Colonists, he very warmly espoused the cause of the people, using both voice and pen to aid them in their struggle. In 1772, he removed to Elizabeth Town, where he had purchased an estate of about one hundred and twenty acres, upon which he built a handsome and commodious residence. He delighted in agriculture and its kindred pursuits, and stocked his premises with valuable fruit trees of different kinds which he had imported from Europe. He possessed, as he supposed, an ample fortune, and intended to retire from active pursuits, but the failure of some of his debtors, and losses by the depreciation in the currency of the time, obliged him to return to his profession. He was employed as Counsel in some very important cases and would undoubtedly have regained much of his old clientage if he had felt disposed to seek it. The troubles between the colonies and the mother country called upon every patriot to aid in the contest; Livingston did not hesitate for a single moment, but came instantly to the front. The provincial Congress appointed him a delegate from New Jersey to the Continental Congress. His power was soon felt and he was a member of several committees, among them, that chosen to prepare an address to the people of England. He was again and again elected to Congress and took a large part in the proceedings of that body. In June, 1776, he left Congress to assume the duties of Brigadier General to which position he had been adjudged some time previously. Mr. Livingston was cautious, prudent and conservative in his feelings and judgment, and, while an undoubted patriot, giving his whole soul to the cause of the people, yet, he doubted the expediency of making a final breach with king and parliament. He would not have relaxed any effort; he would not have accepted anything less than complete emancipation from wrong and oppression, but, he thought the colonies were not strong enough to resist the armies and fleets of England, and that it would be better to secure an alliance with France before risking all on the wager of battle. But, when the die was cast and the sword was finally drawn,

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